FINAL AGENDA CITY OF OVERLAND PARK BOARD OF ZONING APPEALS Wednesday, January 9, :00 P.M. Council Chamber City Hall 8500 Santa Fe Drive

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1 January 2008 S M T W T F S FINAL AGENDA CITY OF OVERLAND PARK BOARD OF ZONING APPEALS Wednesday, January 9, :00 P.M. Council Chamber City Hall 8500 Santa Fe Drive February 2008 S M T W T F S Board Members: William Kidder Chair William Bode Vice-Chair Don Carter Patrick Harriman Jim Johnson Ric Johnson Jack Krumme 1. BZA No West 73 rd Street Homework, LLC, applicant, is requesting a variance from Unified Development Ordinance, Section , Parking regulations, to allow the garage of a single-family residence to be converted to living space without constructing a replacement garage or carport. Doug Johnson Administrator, GIS/Zoning Enforcement If you need accommodation for any meeting, please contact Doug Johnson at (Kansas Relay Service ). Please give 48 hours notice.

2 PLANNING REVIEW COMMENTS CITY OF OVERLAND PARK PLANNING AND DEVELOPMENT SERVICES FOR BOARD OF ZONING APPEALS January 9, BZA NO West 73 rd Street 1. APPLICANT: Homework, LLC is the applicant for this request. 2. REQUESTED ACTION: The applicant is requesting a variance from Unified Development Ordinance (UDO) Section , Parking Regulations, to allow the garage of a single-family residence to be converted to living space without constructing a replacement garage or carport. 3. LOCATION: The subject property is located at 6306 West 73 rd Street in the existing Maple Crest single-family subdivision. 4. EXISTING ZONING: This property is currently zoned R-1, Single-Family Residential District. 5. ANALYSIS: The applicant, Homework, LLC, is requesting a variance to allow an attached, single-car garage to be converted into a bedroom and bathroom for an existing single-family home. The house is owned by Yi- Zhong Dong as a rental property, and the work has already been completed without a building permit. The garage door has been removed and replaced with walls and an exterior entrance door. Homework, LLC has done work on the house at some point and is applying for this variance to remedy the code violation. Section of the UDO requires each single-family dwelling to have two off-street parking spaces, at least one of which is covered, either by a garage or carport. By converting the single-car garage into living area for the house, the property is no longer in compliance with the UDO parking requirement. The applicant is requesting a variance from the covered parking space requirement. The applicant has indicated that the property setbacks do not allow for a garage or carport to be constructed on the property. A carport or garage extension could not be built over the existing driveway to the south of the old garage without violating the front yard setback, but it may be possible for a new driveway and covered parking space to be constructed to the

3 STAFF COMMENTS BOARD OF ZONING APPEALS January 9, 2008 BZA NO West 73 rd Street - continued east of the existing house while still observing the required front and side yard setbacks. This would be an additional expense for the owner, however, and existing mature trees would probably have to be removed. The applicant has also indicated that the garage conversion provides the family occupying the house with needed additional space and that the family is not able to move from the house at this time. The staff has reviewed this application based on the five criteria established for variance requests and has the following comments: a. Uniqueness of Property: This property is not unique or unusual in shape, size, or location. b. Rights of Adjacent Property Owners: It is unclear to the staff the extent to which the completed garage conversion impacts surrounding property owners. There are a number of properties along Walmer Street south of 73 rd Street to the west of the subject property that have converted single-car garages. There are also a few properties along 73 rd Street to the west of the subject property with converted garages. However, it is staff s opinion that those garage conversions appear more in tune with the appearance of the original house with the use of windows or sliding glass doors. The garage conversion that is the subject of this application incorporates only a solid, exterior door in the front of the converted garage. Staff would recommend that the board listen to any concerns of the neighbors regarding the impact it has on adjacent property owners. c. Hardship: The only hardship that the staff is aware of is the need of additional living space for the family renting the house and that they are unable to move from this location at the present time. There would also be the monetary expenditure required to turn the converted garage back into a usable garage should this variance not be granted, but this arises from actions of the applicant. d. Public Safety and General Welfare: This variance request is not likely to have a direct impact on the safety or welfare of the community. e. Spirit and Intent: The intent of the requirement that each singlefamily dwelling have at least one parking space in a garage or carport is to help minimize the number of cars parked on the street 2

4 STAFF COMMENTS BOARD OF ZONING APPEALS January 9, 2008 BZA NO West 73 rd Street - continued and to help maintain the value of single-family housing. In neighborhoods with sidewalks, this requirement also helps ensure that the public sidewalk remains clear and that vehicles parked in driveways will not block the designated pedestrian path. However, there is no public sidewalk in front of the house in question. 6. STAFF RECOMMENDATION: Although the staff understands the applicant s desire to improve the livability of the single-family dwelling by increasing the available living space, the garage conversion was completed without a building permit. The requested variance was created by actions of the applicant and/or the property owner and not a unique property situation as defined by State statutes. Consequently, the staff does not believe that the five criteria required for the granting of a variance have been met as requested with this application. It is possible that a new driveway and garage or carport could be constructed to the east of the house while still maintaining required setbacks, if the applicant wishes to leave the existing converted garage as it has been constructed. The garage could also be returned to its original condition and a room addition constructed elsewhere on the house. In summary, the staff recommends the denial of BZA No , 6306 West 73 rd Street. Should the Board find the application acceptable, staff would recommend the following stipulation: a. The applicant shall apply for a building permit and meet all code requirements for all previously completed and future work. 3

5 WALMER ST WALMER ST Lamar Ave LAMAR AVE HORTON ST HORTON ST 72ND ST 72ND TER 6306 W 73rd St BZA RD ST 73rd St 73RD TER 74TH ST BZA inch equals 200 feet

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